What is the attorney work-product privilege?
A corollary to the attorney client privilege is that of the attorney work product doctrine. This doctrine had its formal beginning about 50 years ago when the federal rules of evidence were first written. This doctrine holds that opposing parties may not discover an attorney’s mental impressions or evaluation of the case for which he or she was hired. The doctrine also includes the attorney’s strategy for the client’s case and any evaluation of its weaknesses. Before the privilege may be asserted, the attorney must establish that the work product he or she wants to keep secret was developed in anticipation of litigation. The documents may not be withheld if they merely reveal the facts that are the basis of the lawsuit. Is the attorney client privilege absolute? The attorney-client privilege is not absolute. In rare cases, the attorney must yield the privilege to superior social interests in preventing or terminating crime or fraud. Some proven examples of when the privilege does not a
Related Questions
- I am an attorney. Do communications with clients already covered by the attorney-client privilege immunize me from complying with 201 CMR 17.00?
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- What is the definition of attorney client privilege
